TERMS AND CONDITIONS
*Updated 05 November 2018*
The TERMS AND CONDITIONS (“Conditions”) displayed here are the basis of the contract between you ('the client') and Spirit of Remembrance Ltd (UK) (“we”, “us” or “our”) (“contract”). It is VERY important that you read this contract carefully to ensure that you understand your rights and obligations under law.
You confirm your understanding and acceptance of the Conditions and the Contract by paying your Booking Deposit or otherwise paying any part of the price of your tour with Spirit of Remembrance. As events dictate, Spirit of Remembrance does amend these Terms and Conditions as required. If Spirit of Remembrance amends these Terms and Conditions, we will publish the amended version on this website. We will also provide the *current version of the Terms and Conditions (*you made your original booking with Spirit of Remembrance under) to you upon request. Notwithstanding, you will be bound by the latest version of the Spirit of Remembrance Terms and Conditions at the time you make your Booking.
If *you (*Travel Agent etc) make a booking on behalf of any other person, you represent to Spirit of Remembrance that you have this person(s) authority to make this booking on their behalf and to legally bind them to the terms of the contract, including the Terms and Conditions of the contract. Each reference to “you”, “your”, “guest” or “passenger” means the person who makes the booking and each other person covered by the Booking.
Spirit of Remembrance Ltd will co-ordinate all the travel arrangements and be responsible for invoicing you and providing you with your travel documents.
In addition to these Terms and Conditions, Spirit of Remembrance Ltd may require further deposit and advanced final payment(s) from you if required by certain accommodation and transport suppliers, particularly for peak travel periods and special "once in a lifetime" centenary events, (i.e: Armistice Day Centenary 11 Nov 2018 etc.)
All deposit and payments requirements will be advised to clients upon confirmation of their booking and itinerary. Please note that your Itinerary DOES NOT form part of the contract between yourself and Spirit of Remembrance. Should you have any questions or indeed require any further information please contact us
*Set Departure Date Extended Tours (NOT applicable: SE Asia)
Are based on a minimum of 25+ passengers unless specified. To obtain the best prices for travel components, such as block booking of accommodation, guides, coach travel and general transport, attractions etc, we are required to take a holding deposit at time of booking and full payment MUST be made 90 days prior to travel so as we may pay our suppliers in advance - as ALL accommodation contracts must be FULLY paid well in advance to travel. IMPORTANT:Please note that if minimum number(s) of passengers on 'set departure' extended tours ae not met we reserve the right to charge an extra cost to make up for the lower passenger numbers than set for the tour(s) (25)to operate the tour. Generally, we try very hard to avoid this happening and such increases - if applied - are kept to an absolute minimum. (Note) (11.2) Operating Set Departure Tours at increased cost)
Set Departure Tours (*Ultra 1 Day Tours) (France)
Are based on a minimum of 10+ passengers unless specified. To obtain the best prices for travel components eg: professional Battlefield Guides, coach travel and general transport, attractions etc, we are required to take a holding deposit at time of booking and full payment MUST be made no later than *90 days prior to travel (*or immedietely if booked within 90 days prior to travel) so as we may pay our suppliers in advance - as ALL transport/guide contracts etc are paid well in advance to travel.
Your transportation on any river cruise vessel organised as part of your tour organised through Spirit of Remembrance is also subject to the specific Cruise Operator(s) Terms and Conditions for the operator of the cruise vessel. This will include separate deposit amounts and payment(s) (if applicable) for the cruise component(s) of your tour. The Cruise Operator is also a totally separate legal entity and business to Spirit of Remembrance. We will supply you with a copy of the Cruise Conditions at time of booking such cruise(s) through Spirit of Remembrance.
Following Tours: Deposit/Payment MUST be in £GBP
Bomber Command: 'Braver than Brave'
Anzac Day 2019: 'Hellfire Pass & Death Railway'
ALL OTHER TOURS: Payment MUST be in € Euro
** Revised Deposit Conditions FOR ALL NEW BOOKINGS effective from 01 September 2017 **
ALL deposits are NON-REFUNDABLE. It is a requirement of travel on our tours that you *MUST have travel insurance. (*Not compulsory for 'ULTRA' tours-however strongly recommended in case you have to cancel your place on the tour) We strongly recommend that you take out insurance at time of your deposit as this then covers your deposit payment should you be unable to travel for reasons included under your insurance.
Please note that In the case where a tour does not operate due to insufficient numbers booked on the tour - or the tour is cancelled by Spirit of Remembrance for any other operational reason, the deposit (and any other monies paid to Spirit of Remembrance as payment for your tour) will be FULLY REFUNDED (less a small administration/currency processing fee.) We will not however be liable as per our Terms and Conditions as per: 10. Liability: Force Majeure
Full payment MUST be received by Spirit of Remembrance no later than 90 days prior to travel.
* 'ULTRA' Tours: Full payment is required 90 days prior to travel (or upon booking if inside 90 day period.)
* Direct SECURE PAYMENT LINK is: https://www.spiritofremembrance.com/page/secure-payment-facility
NOTE! You are responsible for ALL bank and credit card processing fees that *may* apply - particularly if paying by BANK TRANSFER to our account.
Spirit of Remembrance Ltd takes your financial protection very seriously. Spirit of Remembrance Ltd is a member of the Travel Trust Association (No. Q1234) ensuring that we more than meet the requirements of the Package Travel, Package Holidays and Package Tour Regulations 1992. This provides security for money paid by you in the event of our insolvency.The air component of our tours (if applicable) are also protected by the Civil Aviation Authority under our Travel Trust Association Membership number Q1234.
The Travel Trust Association (TTA) exists in order to protect you, the customer, with 100% financial protection. All monies that you pay to us is protected by the Travel Trust Association. We deposit your money into a designated trust account which is supervised by an appointed trustee who is either a banker, chartered or certified accountant or a solicitor. Both Spirit of Remembrance Ltd. and the TTA trustee are required to authorise payments from the trust account. The TTA guarantees your financial protection up to a maximum of £11,000 per passenger. For example, if each member of your party paid £3,000 for their place on one of our tours, the TTA guarantees it will reimburse the loss of the £3,000 to each person, should it not be available to you from the Trust Account. The terms of this guarantee can be found on the TTA website www.traveltrust.co.uk/guarantee.
Please fill out our online booking form and auto-email it to us. If you are booking your tour less than 90 (Ninety) days before departure full payment WILL be required at time of booking to confirm your booking. All bookings, including telephone bookings must be accompanied by a completed booking form.
Alternatively, you can telephone us on 01634 233785 (** or from outside the United Kingdom +44 1634233785) for all booking enquiries and for reserving and paying for your tour. Please ensure if your inquiry is regarding a booking you have your passport up to date and that you have read our Terms and Booking Conditions in full.
Spirit of Remembrance Ltd requires your Booking Form request in writing (usually sent to us by you electronically by email) and payment of the required deposit per our secure online encrypted WorldPay payment system in order to secure a place for you on a tour.
GENERAL BOOKING CONDITIONS
Your booking is with Spirit of Remembrance Ltd registered in England and Wales, company number 07790518 trading as Spirit of Remembrance trading address:“Mallards”, Wetham Green, Upchurch, Kent, ME9 7EY United Kingdom. (Tel: 01634233785). VAT registered VAT Registration Number: 195 0393 90 Registered Office: Mallards, Wetham Green, Upchurch, Kent ME9 7EY, United Kingdom. The "Client" shall mean the signatory on the booking form and everyone named in the booking or added subsequently. The singular shall include the plural and vice versa.
There will be no contract between Spirit of Remembrance Ltd and the Client until the Client has signed the appropriate booking form and paid the requested deposit. However, for bookings made within 90 days of travel, a contract shall be deemed to exist once the client has confirmed the booking as “definite” by telephone or email via a signed Booking Form and Spirit of Remembrance Ltd have confirmed full booking details. Full payment is due IMMEDIATELY for bookings made within 90 days of travel (subsequent cancellation of the holiday by the Client is subject to the charges in Clauses 5 and 9). In signing the booking form, the Client accepts these conditions on his behalf and on behalf of all other persons named on the booking form, including those substituted or added by agreed amendment. It is a condition of the contract that the Client will take out adequate travel insurance.
3. Balance of Payment
The balance of the total booking price is payable not less than 90 days prior to the departure date. (*90 days or at booking if within 90 days for ULTRA Tours) If the balance has not been paid by 70 days prior to departure Spirit of Remembrance Ltd WILL cancel the booking and levy the cancellation charges set out in Clause 6. No reminders or statements will be sent.
4. Luggage whilst on Tour
We regret that we cannot carry any more than 1 full size suitcase and 1 item of hand baggage whilst on tour. This is to allow all tour participants to enjoy equal maximum luggage limits. We can in special circumstances (wheelchairs, medical equipment etc) change this limit if we have written notification prior to the tour and we agree to such change(s). We also in most cases can allow small shopping/souvenir(s) bags etc on the coach.
5. Special Requests
Special requests (meals etc) should be indicated on the booking form(s) or requested in writing. Spirit of Remembrance Ltd will try to arrange special requests to be met, but can not guarantee that they will be unless a supplement is usually charged. Adding requests after booking could incur an amendment charge.
6. Cancellation & Refund policy
In the event of cancellation by the Client the following cancellation charges will be made by Spirit of Remembrance. Additional fees may be required by our suppliers however we will notify the client at time of booking. Note that NO refund is available for cancellations after travel has commenced or in respect of any tours, accommodation, meals or any other services not utilised by the client.
6. (a) Cancellation: Travel lnsurance:
(Travel Insurance (as per our Booking Form Instructions) MUST be taken to cover cancellation of your booking(s) (Not applicable for 'ULTRA' tours)
6. (b) Cancellation: All Client monies:
If you cancel your booking up to 90 days prior to departure: Full Loss of Deposit per person cancellation fee.
If you cancel your booking between 90 days and 50 days prior to departure: 50% of TOUR COST per person cancellation fee.
If you cancel your booking between 50 days and up to departure date: 100% of TOUR COST per person cancellation fee.
6. (c) Cancellation: 'ULTRA' Tours:
If you cancel your booking up to 50 days prior to departure: Full Loss of Deposit per person cancellation fee.
If you cancel your booking between 50 days and 10 days prior to departure: 50% of tour cost per person cancellation fee.
If you cancel your booking between 10 days and the day of departure: 100% of tour cost per person cancellation fee.
7. Client No-Show(s)
If a client does not show for their scheduled tour for any reason whatsoever cancellation fee is 100% of client tour cost.
8. Booking Amendments
Spirit of Remembrance Ltd reserve the right to charge a fee of €75 for each amendment to a confirmed booking to cover administration costs in addition to any consequent charges passed onto us by our suppliers. Clients should be aware that some suppliers, particularly airlines, might charge a 100% cancellation fee and the cost of a new ticket.
9. Major Changes/Cancellation of Tour by Spirit of Remembrance
If Spirit of Remembrance Ltd make a major change or cancels the holiday after it has been confirmed, but before departure, the Client will have the choice of (a) accepting the cancellation or changed arrangements; or (b) taking an alternative, but different, tour with Spirit of Remembrance Ltd (if it is more expensive the Client must pay the difference, but if it is cheaper then Spirit of Remembrance Ltd will make an appropriate refund); or (c) (in the case of major change) cancelling the holiday and receiving a full refund (less any currency charges or bank fees applicable). A major change is a change of departure city/town/airport (except between airports serving the same city) or a change to a SUBSTANTIALLY lower grade accommodation. Any other change is deemed as a minor change. If there is a minor change, Spirit of Remembrance Ltd is not obliged to notify the Client, although they will try to do so, nor is it liable to pay any compensation.
10. Liability: Force Majeure
Except where expressly stated elsewhere in these booking conditions we can not accept liability nor pay compensation where the performance nor prompt performance of our obligations under our contract with you is prevented or affected or you otherwise suffer any damage, loss or expense as a result of force majeure. “Force Majeure” means unusual and unforeseeable circumstances beyond the control of Spirit of Remembrance Ltd, the consequences of which neither Spirit of Remembrance Ltd nor their suppliers could avoid, including but not limited to threat of war, riot, fire, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, fire, flood, adverse weather conditions or the threat of any of these.
11. Insufficient Passenger Numbers to operate Set Departure Tours: Options:
(11.1) Cancellation of Set Departure Tours
Up to 21 days before departure, Spirit of Remembrance Ltd reserves the right to cancel a tour if that tour has insufficient numbers of people booked to allow the tour to be operated as a viable departure in its original advertised form. (All clients of tours that Spirit of Remembrance cancels due to insufficient numbers will receive a full refund (less a small admin/currency adjustment fee and any bank charges incurred)
(11.2) Operating Set Departure Tours at increased cost
Whilst Spirit of Remembrance Ltd will make every effort to operate Set Departure Tours with a reduction in the numbers of passengers travelling below the minimum passenger numbers (25) Spirit of Remembrance reserves the right to pass on (some or all) increases in costs caused by smaller numbers travelling on the tour to the passengers booked on the tour in order to operate the tour. The tour itinerary affected also may be subject to minor changes to reflect the necessity for such a new costing to enable the operation of the tour. Such price increase can occur with or withthout prior warning to the tour passengers.
12. Client Documentation: Travel Documents: Passports, Visas, Health Certificates, etc
Any passports, visas, health certificates, international driving licenses and other travel documents required for Clients travel must be obtained by the Client and it remains the Clients responsibility to ensure that these are all in order and to pay any additional costs incurred as a result of failure to comply with such requirements.
DVA (Department of Veteran Affairs Australia) Centenary Security Passes for 2018/*2019 (*if applicable) Western Front Commemoration Ceremonies. All clients attending these ceremonies must apply personally to the DVA for their Attendance Passes and notify Spirit of Remembrance of their Registration details.
Whilst we will provide up to date information and supporting documentation as required, general information concerning passport, visa and health requirements applicable to all clients will vary between their nationalities and are subject to change and the client is responsible for checking current requirements before departure. It is the client's responsibility to ensure that they comply with all applicable requirements and takes with them all documents required for their tour.
All countries require their citizens to possess a passport to travel overseas. The passport MUST have at least six months validity before its expiry date. The company will advise you of the visa requirements relating to your chosen itinerary. Clients who are Non-British passport holders are themselves responsible for checking passport and visa regulations applicable for entry to countries featured on their travel itinerary. Spirit of Remembrance bears no responsibility for passport and/or visa regulations for non British-passport holders. This also applies to holders of British passports issued in some overseas territories.
Spirit of Remembrance Ltd will not be liable for any failure by the Client to discharge these responsibilities and the Client will have to reimburse Spirit of Remembrance Ltd for any costs they incur as a result of such failure on the part of the Client.
13. Currency Fluctuations/Changes in or additional taxes etc
Our published tour and travel prices shown in our tour and travel itineraries are based on currency exchange rates, cost of services and applicable taxes at the time of publication and we have allowed for a certain amount of cross currency fluctuations in our prices. However, in todays fast moving world of volatile inter-country currency exchange rates and particularly in the case of significant and unexpected major currency fluctuation events such as the UK 'Brexit,' and new taxes or increases in taxes as well as other unforeseen charges/costs that come into effect after we set our prices they (our prices) may be subject to immediate increase up until final payment is received. If we do amend/increase our prices we will advise you immediately and you then have the option of accepting the amended prices, inclusions and booking conditions (if applicable) or withdrawing from the tour or travel arrangements and receiving a full refund of all monies paid. Once final payment is received, all prices will be guaranteed (*not applicable to airfares) and no further surcharges will apply.
All complaints must be made at the time of occurrence to the supplier of the facility or service concerned to allow Spirit of Remembrance Ltd the opportunity to rectify the cause of the complaints, failing which the Client's legal rights will be reduced or even extinguished. Any claims whatsoever against Spirit of Remembrance Ltd must be submitted in writing to Spirit of Remembrance Ltd in the UK within 28 days of the Client's return. Disputes arising out of or in connection with this contract, which cannot be amicably settled, may (if the Client wishes) be referred to a court of law.
15. Photographs of Clients
Unless specifically requested otherwise, clients accept that they may be photographed during the course of their tour and that Spirit of Remembrance Ltd may use such photographs for promotional purposes.
Spirit of Remembrance Ltd is registered under the Data Protection Act 1998 registered number: Z2737968. During the course of booking your tour, Spirit of Remembrance Ltd will be receiving personal data from you, such as your name, email address, billing address, product selections, as well as your credit or debit card number and expiry date, and information about your usage of our website (for example, the URL you came from, IP address, domain types like .co.uk and .com, your browser type and the pages of our website that were viewed during your visit) ('Your information'). The Company will not copy, store, disclose or otherwise process this data other than (1) as is necessary for providing the tour chosen by you in the booking form and (2) for the purpose of informing you of other holidays and services offered by the Company from time to time.
If it is necessary for the Company to transfer data to third parties involved with providing the services relating to your holiday that are located outside the European Economic Area, the Company will disclose such personal data to such third parties.
If, at any time, you wish to update ‘Your Information’, or if you wish to opt out of receiving these notifications from us, please contact us firstname.lastname@example.org or tel: (+44) (0) 1634 233785. Your personal data will be removed from our records upon receipt of your written request. We will use ‘Your Information’ in accordance with the Data Protection Act 1998 and any other laws or regulations currently in force in the United Kingdom.
A 'cookie' is a small text file that web sites apply to a visitors computer when visiting a web site. It records personal data about visitors and their computer including their computer IP address. Although cookies do not store information of a personal nature such as credit card numbers, visitors are often not warned that the web site they are visiting has recorded information regarding their computer details via a cookie on the website. In many cases this information is then used by the web site owner to automatically generate advertising for the site a visitor has visited in other areas and web-sites on the Internet that are of a similar nature.
Spirit of Remembrance does NOT use 'cookies' for this purpose: i.e: to gather information from clients or users of our web sites for advertising purposes. We DO however use 'Google Analytics' software code on our web-sites which does use 'cookies' to gather important technical visitor information from our web sites to enable us to offer a better visitor experiences to our web site users. This data is NOT used for advertising purposes. Furthermore, this information is ALWAYS kept within our own company and is NEVER disseminated to any other third party. Our company policy is that "cookies" used to track user information for advertising purposes is an intrusive breach of personal privacy in gathering personal information and we do NOT do this.
18. Travel Insurance
It is compulsory that ALL our clients are adequately insured for the duration of their travel itinerary with Spirit of Remembrance Ltd (for example in case of illness abroad or cancellation/curtailment). If you choose to travel with Spirit of Remembrance and to be NOT insured, you automatically agree to indemnify Spirit of Remembrance Ltd against all costs, losses and liabilities which we may incur and which are not our liability under this contract and which would have been avoided had suitable insurance cover been taken by you. Should you wish not to take out insurance Spirit of Remembrance Ltd will require you to sign an official waver document.
19. Your Responsibilities
The Client is responsible for arriving at stated times and places and any loss or damage which the Client suffers through failure to do so lies with the Client and Spirit of Remembrance Ltd has no liability whatsoever to the Client through the failure of the Client to do so.
The Client is also responsible for ensuring that they and their party are aware of all airline check-in requirements and passenger regulations and Spirit of Remembrance accepts no liability for the Clients non-compliance with these rules and regulations. Spirit of Remembrance Ltd accepts no liability for you or your travel itinerary if you do not comply with all airline, hotel and other third party provider's policies and security requirements.
20. Use of Spirit of Remembrance Ltd Website
Spirit of Remembrance Ltd owns this Web site and owns (or licenses) the copyright and other related rights in all the wallpaper, characters, artwork, images, graphics, music, text, software, and other content on this site ("Content"), and all other HMTL, CGI, code and scripts in any format used to implement this site ("Code") and any othr web sites it operates on the Internet. You may not copy, modify, upload, download, transmit, or otherwise distribute any Code or Content from this site or any Spirit of Remembrance web site except as expressly permitted by these rules and the instructions section of this site. You may not modify or use the Content or Code you get from this site for any purpose other than those listed and doing so will violate our copyright and other proprietary rights.
If any portion of this site permits you to download Content, for those sections the above restrictions apply, except that you may download one copy of the Content on any single computer for your personal, non-commercial use only, and you must not modify any of the copyright, trademark, and other proprietary notices. We retain all rights to any Content you download, and grant you a limited license to use them as described above. For downloaded software, you may not redistribute, sell, de-compile, or otherwise reverse engineer the software. Some portions of our site may provide you with access to other sites through our site, either by means of a direct link or through software script (collectively, "Click-Through Access").
If we give you access to Content (including, but not limited to, membership enrolment or other information related to other programs that you may belong to), whether we provide you with access to this directly at our site or through Click-Through Access, then your rights to such Content are limited to whatever rights are provided by the owner of the Content, the owner or operator of the site accessed through Click-Through Access, and the rights you have as a member in the applicable programs. You agree that you will not use any portion of our site in violation of any agreements or membership rules of such programs or other sites.
The content, code, access, and other features of this site are provided "as is" and without warranties of any kind either express, implied, including, but not limited to, warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and infringement. You use the content, code, access, and other features of this site at your own risk. Spirit of Remembrance Ltd does not warrant that any such features will operate in an uninterrupted or error free fashion, that defects will be corrected, or that the server is free of viruses or other harmful components. In no event will Spirit of Remembrance Ltd. be liable for any direct, indirect, incidental or consequential damages, including lost profits and cost of procurement of substitute products, arising out of your use or inability to use any content or features, failure to access or Click-Through access any content or features, even if Spirit of Remembrance Ltd has been advised of the extent of such damages.
Spirit of Remembrance Ltd shall have no liability for any claims brought by the owners of content or sites accessed through Click-Through access based on your inappropriate or not permitted access of such sites. You hereby agree to indemnify Spirit of Remembrance Ltd for such claims if brought against Spirit of Remembrance Ltd if you knowingly used this site for such inappropriate access. This agreement shall be governed by and construed in accordance with the laws of England and shall be subject to jurisdiction of the English Courts.
21. Law of Contract
The contract for the provision of your tour (travel itinerary) is governed by and construed in accordance with English law. Each party submits to the exclusive jurisdiction of the English Courts to settle any claim or matter arising under or in connection with the contract or the holiday generally.
If any part of this contract is found by a competent authority to be invalid, unlawful or unenforceable then that provision shall be deemed not to be a part of this contract and it shall not affect the enforceability of the remainder of this contract. No term of this contract is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.